WHAT
WE DO
As
a Family Law firm, we have the ability
and resources to handle any family law matter.
Whether you need a premarital agreement,
an initial consultation about divorce, or
representation involving complex financial
division issues, our firm has the experience
and capacity to advise you through the process.
Not only does the firm employ experienced
family law paralegals and legal assistants,
but also the firm has a working relationship
with business evaluators, mental health
professionals, estate planners, accountants
and other specialized experts who may be
engaged to obtain the best possible resolution
for the client.
OUR
COMMITMENT:
At
Middlebrooks & Gray, P.A.,
we recognize that family law
cases involve sensitive issues
which can be emotionally draining
on the client. Our legal
team employs patience, works
closely with our clients, and
often refers clients to appropriate
outside professionals to minimize
the stress and, to the greatest
extent possible, limit the emotional
toll that a family law case
may have on our clients. Good
attorneys will encourage you
to do all you can to save your
marriage before embarking on
the divorce process; to separate
is a decision only you can make
with your therapist's help.
At
the onset of every case, Ms.
Middlebrooks conducts a detailed
analysis of the issues involved;
this analysis then serves as
the foundation for the strategic
approach we develop to meet
the goals of the client. The
combination of our exceptional
analytical skills and our steadfast
commitment to preparation are
the keys to our clear and persuasive
presentation of evidence during
litigation and/or settlement.
Although
Ms. Middlebrooks is an experienced
litigator, we acknowledge that
many times settlement is a more
viable solution for the client.
Our years of experience
and exemplary negotiating skills
have contributed to a track
record of achieving desired
results for our clients whether
settling out of court or proceeding
to trial.
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OUR
PASSION:
Our
passion for Family Law and dedication
to meeting our clients' needs
has enabled us to operate a
practice based, almost exclusively,
on client referrals and professional
recommendations. By placing
professionalism and credibility
at the forefront of our practice,
Middlebrooks & Gray, P.A.
has become recognized and respected
by the judiciary, the community
and our peers.
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FAMILY
LAW MATTERS:
- Division
of Assets
As part
of the divorce process,
you and your spouse will
need to divide your assets.
Division of assets is a
three-step process. First,
we determine whether the
assets are separate or marital
property. Second,
the assets are valued. Third,
assets are allocated between
you and your spouse either
by agreement or by a Judge.
- Spousal
Support & Child Support
We
handle all aspects of child
and spousal support. From
the outset, we determine
whether support is owed,
and if so, the appropriate
amount. The rules
for child and spousal support
are different. Child
support is based on the
number of children in the
relationship, the income
of each parent, medical,
education and other expenses
of the children, and the
amount of time the children
spend with each parent.
Child support is typically
set with a court formula
and the court has little
discretion to deviate from
that formula. In
contrast, spousal support
is often negotiated and
the court has broad discretion
to set any appropriate amount
and the duration of support.
As part of the overall
case strategy, we determine
what "on-going" spousal
and child support is appropriate
post divorce. In complex
cases, forensic accountants
may be used to determine
the income available for
support; tax consultants
may be used to develop tax-advantaged
support arrangements and
trained specialists may
perform vocational evaluations
to determine the potential
income of a spouse who is
not employed or is "under-employed."
Ultimately, the amount
of spousal support owed,
if any, will also depend
upon the assets assigned
to you and your spouse in
the division of assets.
- Child
Custody
We understand
that for most of our clients,
custody of their children
is their biggest concern.
We will help you develop
a comfortable, child-centered
arrangement tailored to
your family's specific needs.
In addition to helping
most clients reach an agreed
custody schedule, we also
handle the spectrum of contested
custody issues. We represent
mothers and fathers, stay-at-home
parents and working parents,
parents who wish to move
away and parents who object
to their spouse's move away
request. As part of
our strategy, we work in
tandem with psychological
experts to help you develop
a custody and timeshare
plan that is best for your
children.
- Premarital
and Postmarital Agreements
These
agreements are a specialized
area of family law. Premarital
agreements are contracts
that specify how you and
your fiancé will treat your
assets during marriage,
upon divorce, or upon one
spouse's death. If
you do not have a premarital
agreement, then your assets
are divided pursuant to
Tennessee law. Some
people prefer to treat assets
differently from Tennessee
law. The most common
reasons people choose to
have a premarital agreement
include preserving assets
as separate property (such
as an inheritance), preserving
assets for children from
a prior marriage or relationship,
or coordinating estate and
financial planning to be
sure they are consistent.
Premarital agreements
should be signed at least
eight weeks prior to the
wedding.
- Parental
Relocation (move-away cases)
In
Tennessee, if a parent wishes
to move more than one hundred
(100) miles away, or outside
the State of Tennessee,
he or she must have consent
of the other parent or permission
of the Court. Our firm represents
parents who wish to move
and parents who oppose the
move.
- Parentage
(Paternity)
Under
Tennessee law, a child born
during a marriage is presumed
legally to be a child of
the marriage. However,
in many cases, a child is
born out of wedlock, or
the mother's husband is
not the father. Establishing
parentage can have a significant
impact on custody, parenting
rights, and child support
obligations. While
many parents choose to establish
parentage voluntarily, it
is sometimes necessary to
litigate the matter in court.
Our firm has experience
handling the legal aspects
of all types of parentage
matters.
- Post-Divorce
Support and Custody Modifications
Sometimes,
even after a divorce is
final, a parent's circumstances
may change significantly
due to a loss in income
or a change of location.
In these cases, Tennessee
law allows the court to
set aside or modify a support
order. If you or your
spouse's circumstances have
changed in some way, our
firm can work to advocate
for your best interest,
and the best interests of
your children, in the court's
modification and/or enforcement
of support and custody orders.
- Contempt
and Enforcement of Orders
Unfortunately,
some former spouses and
parents do not obey the
court's orders. It
then becomes necessary to
take the non-compliant person
back to court. Our
firm will assist in organizing
the financial information
and seeking the court’s
assistance in compliance
with its orders.
- Mediation
Services
The firm
offers mediation services
to those individuals who
want to take an active role
in structuring their own
divorce settlement. Individuals
who choose mediation share
with their spouses a commitment
to working together in a
cooperative, non-adversarial
way to achieve a fair division
of their property and to
resolve such issues as spousal
support, child support,
child custody, and parenting
plans. In Tennessee,
mediation is required prior
to trial in all cases, unless
excused by the court under
exceptional circumstances.
For clients of the firm,
we prepare the case for
mediation and attend the
mediation sessions with
our client.
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